TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 143. EXECUTIVE CLEMENCY
SUBCHAPTER
A.
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 143, Subchapter A, concerning full pardon and restoration of rights of citizenship, §143.11. The amendments proposed are to provide edits for sentence structure, and for uniformity and consistency throughout the rules.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules’ applicability; and will not positively or adversely affect this state’s economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01 and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the Board to make clemency recommendations to the Governor. Articles 48.01 and Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.
No other statutes, articles, or codes are affected by these amendments.
§143.11.
The Board shall consider a recommendation for a full pardon and if applicable, [or] request for restoration of firearm rights in any case upon the request of the governor [Governor] as authorized by [Texas] Government Code, Section 508.050.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503959
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309
SUBCHAPTER
B.
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 143, Subchapter B, concerning conditional pardon, §143.24. The amendments proposed are to provide edits for sentence structure, and for uniformity and consistency throughout the rules.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules’ applicability; and will not positively or adversely affect this state’s economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01 and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the Board to make clemency recommendations to the Governor. Articles 48.01 and Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.
No other statutes, articles, or codes are affected by these amendments.
§143.24.
The Board shall consider a recommendation for conditional pardon in any case upon the request of the Governor as authorized by [Texas] Government Code, Section 508.050.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503960
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309
SUBCHAPTER
C.
The Texas Board of Pardons and Parole (Board) proposes the repeal of Title 37, Chapter 143, Subchapter C. Reprieve, §143.33 and §143.34. The proposed repeal is the result of a review of the subchapter pursuant to the four-year rule review prescribed by §2001.039 Government Code.
The repeal of §143.33 is warranted because the civil courts have the right to subpoena someone to attend or appear before them, making the rule unnecessary. The repeal of §143.34 is warranted because the Board has the statutory authority to release an offender due to their medical condition.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed repeals are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing the repeals of these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the repealed rules as proposed. The repeals will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed repeals will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The repeal is proposed under §508.036(b)(1) Government Code, which provides authority for the Board adopt rules relating to the decision-making processes used by the Board and parole panels.
No other statutes, articles, or codes are affected by these repeals.
§143.33.
§143.34.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503958
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309
SUBCHAPTER
D.
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 143, Subchapter D, concerning reprieve from execution, §143.42. The amendments proposed are to provide edits for grammar, uniformity and consistency throughout the rules, and to reiterate the Governor's statutory authority regarding reprieves.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01 and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the Board to make clemency recommendations to the Governor. Articles 48.01 and Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.
No other statutes, articles, or codes are affected by these amendments.
§143.42.
The Board will consider a reprieve of execution from death sentence upon receipt of a written application on [in] behalf of an offender. The individual filing such application, if other than the offender, may be required to demonstrate that the individual [he/she] is authorized by the offender to file such application. Any such application shall be addressed to the Texas Board of Pardons and Paroles [Parole] and contain the following information:
(1) the name of the applicant, execution number, together with any other pertinent identifying information;
(2) identification of the applicant's agents, if any, who are presenting the application;
(3) certified copies of the indictment, judgment, verdict of the jury, and sentence in the case, including official documentation verifying the scheduled execution date, if said information is not contained in the sentence;
(4) a brief statement of the offense for which the offender has been sentenced to death;
(5) a brief statement of the appellate history of the case, including its current status;
(6) a brief statement of the legal issues which have been raised during the judicial progress of the case;
(7)
the requested length of duration of the reprieve, which shall be in increments of 30 days that is, 30, 60, 90, and 120 [etc.], unless a different duration is requested upon the basis of the grounds for the application set forth pursuant to paragraph (8) of this section; and,
(8) all grounds upon the basis of which the reprieve is requested; provided that such grounds shall not call upon the Board to decide technical questions of law which are properly presented via the judicial process.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503961
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309
SUBCHAPTER
E.
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 143, Subchapter E, concerning commutation of sentence, §143.54 and §143.58. The amendments proposed are to provide edits for grammar and for uniformity and consistency throughout the rules.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01 and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the Board to make clemency recommendations to the Governor. Articles 48.01 and Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.
No other statutes, articles, or codes are affected by these amendments.
§143.54.
The Board will consider a written application for commutation, on a felony conviction, resulting in credit for time served in jail from the time of sentence only if the applicant has been continuously in jail during the entire period for which the application is made and only upon receipt in writing of the following information from the judge of the court of conviction:
(1) the name of the convicted defendant;
(2) the cause number and court in which the conviction occurred;
(3) a statement that it was the intent of the sentencing judge, at the time of sentencing, that the applicant be given credit for the jail time served, but that such credit was not given through oversight or error, as the case may be;
(4) a statement of the exact number of days, months, or years which should be credited on the sentence;
(5) a statement that the applicant was continuously in custody and in jail for the total credit period requested; and
(6) a request that the Board make favorable recommendation to the Governor that such time credit be allowed.
§143.58.
The Board shall investigate and consider a recommendation of commutation of sentence in any case, upon the written request of the Governor as authorized by [Texas] Government Code Section 508.050.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503962
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309
SUBCHAPTER
F.
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 143, Subchapter F, concerning remission of fines and forfeitures, §143.72 and §143.74. The amendments proposed are to provide edits for clarity and for uniformity and consistency throughout the rules.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01 and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the Board to make clemency recommendations to the Governor. Articles 48.01 and Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.
No other statutes, articles, or codes are affected by these amendments.
§143.72.
The Board will consider recommending to the Governor remission of fine after satisfactory completion of a reprieve of fine upon receipt of a written application from the applicant or person acting for the applicant [him] and a recommendation of a majority of the trial officials, to be furnished upon official letterhead of each official.
§143.74.
The Board shall consider a written request for remission of fine or forfeiture in any case upon the request of the Governor as authorized by [Texas] Government Code, Section 508.050.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503963
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309
SUBCHAPTER
G.
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 143, Subchapter G, concerning restoration of driver's license, §143.81. The amendments proposed are to provide edits for sentence structure.
Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01 and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the Board to make clemency recommendations to the Governor. Articles 48.01 and Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.
No other statutes, articles, or codes are affected by these amendments.
§143.81.
The Board will consider recommending to the Governor restoration of a driver's or commercial operator's license only after denial of an application for an occupational driver's or commercial operator's license by the district court having jurisdiction. [;] The [the] applicant must furnish an official statement of the reason(s) for the court's denial.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 31, 2025.
TRD-202503964
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Earliest possible date of adoption: December 14, 2025
For further information, please call: (512) 406-5309